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CONSTITUTIONAL DOCUMENTS & STATUTES ARE TO BE GIVEN THEIR ORDINARY MEANING

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I think it is trite that in construing a constitutional document there is the need to look at its provisions as a whole and where possible, give such provisions their ordinary and natural meaning. See BANK OF ENGLAND v. VAGLIANO BROS. (1891) AC. 107 at 144 where Lord Herschell put the position thus:- “I think the proper course is in the first instance to examine the language of the statute and to ask what is its natural meaning, uninfluenced by any considerations derived from the previous state of the law, and not to start with inquiring how the law previously stood, and then, assuming that it was probably intended to leave it unaltered, to see if the words of the enactment will bear an interpretation in conformity with this view.”

– A.G. Irikefe JSC. AG Kaduna State v. Hassan (1985) – SC.149/1984

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THE PHRASE “IN LIEU OF NOTICE”

I consider it necessary to say something about the phrase “in lieu of notice” which is liable to be misunderstood, in this connection. The phrase has been defined in the Concise Oxford Dictionary of English Language 4th Ed. page 687 as “in the place, instead of “. Black’s Law Dictionary, Sixth Ed. P.787, also defines the phrase as “instead of, in place of, in substitution of….Thus when the condition of termination of the contract of service is the giving of two months’ notice or the payment of two months’ salary in lieu of notice, it can only mean the payment of two months’ salary instead of, in place, in substitution of the giving of two months notice.

– Karibe-Whyte, JSC. Chukwumah v. SPDC (1993)

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INTERPRETATION OF SECTION 82 CFRN 1999

It appears rather from the resolution, exhibit A, and the proceedings of the house, exhibit C, that the purposes is the decision of the house to show resentment for the respondent’s affront in daring to publish something about highly placed legislators rather than a plan for the investigation of the members for abuse. This should not be. The essence of section 82(2) of the Constitution is invalid (sic). No power exists under the section for general investigation nor for the aggrandizement of the house. So, the [respondents] were not entitled to have invited the [appellant] in the first instance.

– Oguntade, JCA. El-Rufai v. House of Representatives (2003)

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PREAMBLE MUST BE HAD IN MIND WHILE APPLYING SECTIONS OF THE LAND USE ACT

The preambles to the Land Use Act, If looked at carefully and relating it to the case at hand, would reveal that the provision for consent of the Governor must not be applied to transfer of title or alienation of rights between private individuals where there is no overriding public interest or conflict between the parties. The application of the various Sections and provisions of the Land Use Act must be done with a view to the intendment of the drafters of the law, which is expressed often in the preamble.

— C.B. Ogunbiyi, JSC. Ibrahim v. Obaje (2017) – SC.60/2006

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WHEN STATUTE MAY BE CONSTRUED RETROSPECTIVELY

The retrospective nature of a statute may concern the whole provisions of the Statute, as where the commencement date so indicates; or may concern only a section of the statute – see Lauri v. Renad. (1892) 3 Ch. 402 at p. 421; Pardo v. Bingham, (1868 -69) 4 L.R.Ch. App. 735 at p. 739 and West v. Gwynne (1911) 2 Ch. 1. Where a statute is passed for the purpose of supplying an obvious omission in a former statute, the subsequent statute has relation back to the time when the prior Act was passed – see p. 395 of Craies on Statute Law. 7th Edition. Where a statute is in its nature declaratory, the presumption against construing it retrospectively is inapplicable – See A – G v. Theobald. (1890) 24 Q.B.D. 557. If by necessary implication from the language employed that the legislature intended a particular section to have a retrospective operation, the courts will give it such an operation- Lane v. Lane (1896) P. 133.

Ibrahim v Barde (1996) – SC.74/1995

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INTERPRETATION: WHERE AMBIGUITY EXIST

On the other hand where the literal interpretation of the provision of a Statute will result in some ambiguity or injustice, the Court may seek internal aid within the body of the statute itself or external aid from statutes which are in pari materia in order to resolve the ambiguity or to avoid doing injustice in the matter.

– Nwaoma Uwa, JCA. NOGA v. NICON (2007)

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IT IS BETTER TO ERR IN THE SIDE OF LIBERALISM WHEN INTERPRETING CONSTITUTION

It would be safer for the courts in this country to err on the side of liberalism whenever it comes to the interpretation of the fundamental provisions in the Constitution than to import some restrictive interpretation.

– Kayode Eso, JSC. Garba & Ors. v. The University Of Maiduguri (1986) 1 NWLR (Pt.18) 550

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